G.R. No. 143842 ; October 13, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. MANGI ADAM y LUMAMBAS, appellant.

FACTS

On February 17, 1999, a confidential informant reported to Inspector Danilo Bugay about an agreement to purchase 200 grams of shabu from appellant Mangi Adam for ₱200,000. A buy-bust team was formed, with PO3 Rey Lucido as the poseur-buyer. The team proceeded to a 7-11 Convenience Store at Crossing, Calamba, Laguna. Adam arrived, showed a plastic bag containing white crystalline substance to Lucido, and in turn received an envelope containing marked money. Upon consummation of the sale, Lucido gave the pre-arranged signal, arrested Adam, and confiscated the plastic bag. Forensic examination confirmed the substance was 201.196 grams of methamphetamine hydrochloride.
The appellant denied the accusation, claiming he was at a cockpit in Halang, Calamba, at the time and was arbitrarily arrested. He asserted he saw the alleged shabu for the first time in court. The Regional Trial Court convicted him of violating Section 15, Article III of R.A. No. 6425 (Dangerous Drugs Act of 1972), as amended, and sentenced him to reclusion perpetua and a fine.

ISSUE

Whether the prosecution proved the appellant’s guilt for the illegal sale of dangerous drugs beyond reasonable doubt.

RULING

Yes. The Supreme Court affirmed the conviction. The core issue of whether a buy-bust operation occurred is a question of credibility of witnesses, and the trial court’s assessment is accorded high respect. The prosecution established all elements of illegal sale: (1) the identity of the buyer and seller, the object, and consideration; and (2) the delivery of the thing sold and payment. PO3 Lucido’s positive and categorical testimony detailed the transaction. The minor inconsistency regarding the stated consideration (₱2,000 in the Information versus the initial report of ₱200,000) did not impair the essential fact of sale, as the marked money was presented and the confiscated drugs were positively identified.
The defense of denial and alibi cannot prevail over the positive identification by police witnesses, who are presumed to have performed their duties regularly. The appellant failed to prove it was physically impossible for him to be at the crime scene. The venue of the sale near a police outpost does not render it improbable, as drug transactions can occur anywhere. The penalty imposed was proper. The crime, involving 200 grams of shabu, carries reclusion perpetua to death under the law. With no aggravating circumstances, the penalty of reclusion perpetua and a ₱5,000,000 fine was correctly applied.